Queensland Coastal Plan—frequently asked questions
- General
- Effects on development of existing property
- Development and land-use planning
- Coastal land management—maintenance, rehabilitation and conservation activities
- Access and recreational opportunities
- Mapping
- Conserving ecological values
- Maritime development
- Climate change
- References
General
1. Where do I obtain a copy of the Queensland Coastal Plan?
The Queensland Coastal Plan can be downloaded from the DERM website. If you do not have access to the internet, a digital copy of the Queensland Coastal Plan and supporting information is available by emailing Coastal Support or phoning 13 QGOV (13 74 68), Monday to Friday 9:00 am–5:00 pm. A print-friendly version is also available on request (please note that this version does not contain maps).
2. Why was the Queensland Coastal Plan prepared?
The Queensland Coastal Plan was prepared under the Coastal Protection and Management Act 1995. It has replaced the previous State Coastal Management Plan (2001) and associated regional coastal management plans. The Queensland Coastal Plan was prepared following a statutory review of the State Coastal Management Plan in 2008–09, which included a public review process and consideration of submissions. A draft Queensland Coastal Plan was subsequently prepared and published in August 2009. Public submissions arising from this process were considered in preparing the final plan.
3. How does the Queensland Coastal Plan differ from the previous State Coastal Management Plan?
The Queensland Coastal Plan maintains longstanding policy positions addressing issues critical to managing and protecting the coastline. These include protecting people and property from coastal hazards such as erosion, storm-tide inundation and permanent inundation due to sea-level rise, conserving biodiversity in the coastal zone, preferentially allocating land on the coast for coastal-dependent activities, protecting coastal scenic values and public access, and providing policy guidance for managers of our beaches and public reserves. Other important policies of the Queensland Coastal Plan concern:
- urban settlement patterns in the coastal zone
- natural resource management on the coast
- physical coastal processes and maintaining coastal landforms
- management of beach access and use, including driving on beaches.
These policies have been refined, and aim to provide coastal land managers, planning and development assessment managers, the development industry and the general community with greater clarity and certainty about the policy objectives.
A number of policy topics within the previous State Coastal Management Plan are now addressed by other current or emerging policy mechanisms and these are no longer included in the Queensland Coastal Plan. Excluded policies include:
- mining and petroleum activities
- water resource management
- fishing
- rural land uses
- pest species management
- water quality policies
- Indigenous and non-Indigenous cultural heritage policies
- coordinated management policies
- research and information policies.
4. How does the Queensland Coastal Plan differ from the Draft Queensland Coastal Plan released in August 2009?
A number of refinements have been made in response to matters raised through the public submissions process. These include changes to policy content as well as formatting changes. Some of the key differences are:
- including a new requirement for local government to prepare adaptation strategies for existing built-up urban areas that are projected to be at risk in 2100 from the impacts of high coastal hazard impacts
- using a risk management approach to manage intensification of existing built-up urban localities in projected risk areas
- protecting marine areas by complementing existing regulatory arrangements for dugong protection areas, fish habitat areas and marine park zones, as opposed to identifying these as areas of high ecological significance
- splitting the requirements for maritime development areas from requirements for minor public infrastructure, such as boat ramps and jetties
- modifying the acceptable circumstances for not fully achieving the policy outcomes, including the definition of a ‘development commitment’
5. How does the Queensland Coastal Plan differ from the Coastal Plan released in April 2011?
A number of refinements have been made to the Queensland Coastal Plan since it was released in April 2011, specifically the State Planning Policy 3/11: Coastal Protection (SPP).
The SPP has been restructured to be in a consistent format with other Queensland State Planning Policies. As a result the ‘Notes’ sections under each policy section have been removed and are now included in the State Planning Policy 3/11 Guideline: Coastal Protection. This guideline will provide a complete compendium of policies, notes and additional guidance and will therefore have the same look and feel of the SPP component of the coastal plan that was released in April 2011. The development assessment code in the SPP has also been restructured to be consistent with the Queensland Planning Provisions which provide a consistent format and structure for local government planning schemes across Queensland.
With the assistance of planning consultants, a number of other changes have been made to improve the SPP in terms of consistency and clarity on how the SPP will be applied without affecting its policy foundations. These changes are in response to training and information sessions conducted by the Department of Environment and Resource Management on the coastal plan in 2011 and concerns raised by the development industry on how the SPP will affect planning and development assessment processes. In summary, changes made to the SPP include:
- limiting the scope of the SPP in relation to when the scenic amenity and other policy sections apply to development within 500 metres of the coastline
- allowing for planning schemes to use overlays to manage future urban development in areas where areas of high ecological significance remain
- clarifying that intensification of development in existing urban areas that are within erosion prone areas can be undertaken provided the hazard risk is mitigated
- refining the policies so that development commitments established through a planning scheme (such as a master plan zone) or an agreement (such as an infrastructure agreement) have the same concessions as development committed through a preliminary approval or development permit
- clarifying that development necessary to give effect to an existing development approval (such as a preliminary approval) is not required to provide an environmental offset in relation to impacts on areas of high ecological significance
- ensuring that development for domestic housing activities is not subject to the coastal plan even where this type of development is triggers a material change of use application under a planning scheme
- recognising the role of the natural environment in protecting and buffering communities and infrastructure from sea level rise and coastal inundation impacts
- simplifying references to existing urban areas and the timeframe for preparing coastal hazard adaptation strategies from three to five years to five years
- preparing a more detailed coastal hazard risk assessment and mitigation guideline that demonstrates that the coastal plan supports a wide range of mitigation responses, including building design and operation measures
- making editorial changes to improve clarity and consistency.
While changes have been made to the SPP, the changes do not affect the policy intent or principles of the Queensland Coastal Plan that was released in April 2011.
6. When will the Queensland Coastal Plan be implemented?
The Queensland Coastal Plan commenced on 3 February 2012. The Queensland Coastal Plan replaces the State Coastal Management Plan (2001) and associated regional coastal management plans.
7. Where does the Queensland Coastal Plan apply?
The Queensland Coastal Plan applies to the coastal zone as indicated by maps that accompany the plan.
The coastal zone includes Queensland’s coastal waters (which extend three nautical miles out to sea), coastal islands and land below 10 metres Australian Height Datum or within five kilometres of the coastline, whichever is greater. The inland boundary has been aligned with property boundaries.
8. What happened to regional coastal management plans?
The Queensland Coastal Plan has replaced the State Coastal Management Plan and all regional coastal management plans.
The Environmental Protection and Other Legislation Amendment Act 2010 was approved by the Queensland Parliament in April 2011. This Act amended the Coastal Protection and Management Act 1995 by removing the requirement to prepare regional coastal management plans.
Important local policies and information from the regional coastal management plans have been included in the Queensland Coastal Plan or its associated guidelines where possible and relevant.
9. What is the State Policy for Coastal Management and State Planning Policy 3/11: Coastal Protection?
The Queensland Coastal Plan has two parts: the State Policy for Coastal Management and the State Planning Policy 3/11: Coastal Protection (SPP).
The State Policy for Coastal Management is directed at natural resource management decisions made by land managers about land on the coast, such as coastal reserves, beaches and esplanades.
The SPP is directed at land-use planning and development assessment decision making under the Sustainable Planning Act 2009 (SPA).
10. Will my current development application be assessed under the Queensland Coastal Plan?
The SPA establishes the rules for development applications made but not decided before a new planning instrument is commenced. Applications made before the Queensland Coastal Plan commenced will be considered against the previous State Coastal Management Plan and any applicable regional coastal management plan—unless these plans have been adequately reflected in the relevant planning scheme. However, the SPA also allows for decision makers to have regard to a new planning instrument, such as the Queensland Coastal Plan, in assessing the application. This, though, is limited only to those applications that have not yet entered the decision stage of the Integrated Development Assessment System. Development applications lodged after the commencement of the Queensland Coastal Plan will be assessed under the Queensland Coastal Plan.
11. What if I had a preliminary approval before the Queensland Coastal Plan commenced and then make future applications to give effect to the preliminary approval?
In certain circumstances, it may be acceptable for development to not fully achieve the policy outcome of the State Planning Policy 3/11: Coastal Protection. This includes, for example, development that arises from, and is necessary to give effect to, a relevant development approval.
Necessary operational works to give effect to a development approval is considered a ‘development commitment’. However, such works are still required to achieve the policy outcomes of the Queensland Coastal Plan to the maximum extent practicable, where this would not significantly change the nature, intensity or scale of the development. In addition, development is to provide for the natural effect of physical coastal processes to continue outside the development area.
Effects on development of existing property
12. How does the Queensland Coastal Plan affect development on my property?
Development proposed on properties along the coast may be affected by the Queensland Coastal Plan. The maps provided will help determine which properties are within the coastal zone and where the plan would apply.
The application of the State Planning Policy 3/11: Coastal Protection may regulate future development in a number of circumstances. These circumstances include preventing certain types of development from occurring within erosion prone areas or storm-tide inundation areas (coastal hazard areas), or areas of high ecological significance that remain within the coastal zone.
According to the Coastal Protection and Management Act 1995, building approvals may be refused for structures built completely or partly seaward of the coastal building line.
13. What does it mean if my property is within an area that has been mapped within the coastal zone?
This means your property is within an area where Queensland Coastal Plan policies will apply. If your property is within the coastal zone, but not within the coastal management district, proposed development that is subject to the Queensland Coastal Plan would be assessed by local government.
14. What does it mean if my property is within an area that has been mapped within the coastal management district?
If your property is within the coastal management district, future development applications involving specific development activities would need to be referred to the Department of Environment and Resource Management (DERM) for assessment via the Integrated Development Assessment System. The types of development concerned are specified in the Sustainable Planning Regulation 2009.
Activities requiring referral to DERM include:
- operational works (tidal works, interfering with quarry material, disposing of dredge spoil, reclaiming land under tidal water or constructing an artificial waterway)
- material change of use of premises
- reconfiguring a lot
- buildings seaward of a coastal building line.
For specific information, refer to schedule 3 and schedule 7 of the Sustainable Planning Regulation 2009.
Development and land-use planning
15. How does the Queensland Coastal Plan affect future settlement patterns on the coast?
The Queensland Coastal Plan incorporates State Planning Policy 3/11: Coastal Protection (SPP). The SPP encourages nodal, rather than ribbon or linear, development along the coast, and places restrictions on development in areas of high ecological significance, and areas vulnerable to existing and projected future coastal hazard impacts.
The Queensland Coastal Plan, in conjunction with the SPA, helps to achieve coastal development that meets the needs of the growing population while preserving coastal resources and reducing risks to people and property.
16. Does the Queensland Coastal Plan trigger new assessable development?
No new assessable development is triggered by the Queensland Coastal Plan under the Sustainable Planning Regulation 2009, including in areas of ecological significance.
The Queensland Coastal Plan would only be considered where development was already made assessable under the SPA and the development was listed under the section heading ‘Development to which the policy applies for development assessment’ within the SPP.
17. How does the plan affect the development of public infrastructure?
The plan designates all public infrastructure, both publicly and privately owned, as public benefit assets.
Public benefit assets include electricity infrastructure, roads, pipelines, railways, airports, emergency service infrastructure and similar.
This type of development will need to achieve the Queensland Coastal Plan’s policy outcomes as best it can and, where impacts cannot be avoided on areas of high ecological significance, impacts are minimised and any residual impacts are offset.
18. What is DERM’s role in planning and development?
DERM will have a responsibility to ensure the planning policies of the Queensland Coastal Plan are adequately reflected in regional and local planning instruments. For local planning instruments, this will be achieved through the State interest check process.
DERM’s coastal development assessment concurrence or assessment role applies only in the coastal management district. On land, this is generally a narrow strip along the coast, typically between 50 metres and 200 metres from the water. In built up areas, DERM’s concurrence role is usually limited in extent to the first property or road. In marine and estuarine areas, DERM’s assessment role extends to tidal limits (in waterways) and the extent of State coastal waters. The planning and development jurisdiction of local government generally extends only to high water mark.
19. Will the Queensland Coastal Plan be used for development assessment once new planning schemes are in place?
The primary purpose of the Queensland Coastal Plan is to inform the preparation of local government planning schemes and regional plans prepared under the SPA.
Once the coastal plan has been reflected in a local government planning scheme, it will no longer have an active role in the development assessment process by councils. This arrangement is provided for by the provisions of the SPA.
However, DERM (as a concurrence agency) will continue to use the coastal plan as its primary development assessment instrument for referred development within the coastal management district.
20. Will the maps in the plan have statutory effect and will this mean other planning instruments will be overridden?
The maps in the coastal plan are part of the State planning policy, which is a statutory instrument under the SPA. These maps show the coastal zone, coastal management district, maritime development areas, aquaculture development areas, coastal hazard areas and areas of ecological significance. Their purpose is to show where the plan, or particular policies of the plan, applies.
Under the SPA, local councils are required to implement the Queensland Coastal Plan’s SPP when making or amending their planning schemes. Until the SPP is reflected in a planning scheme, the SPP will prevail to the extent of any inconsistency with a local planning instrument.
Under the Coastal Act, the coastal zone is the area where the coastal plan applies. The coastal zone has a landward boundary fixed to property boundaries. The coastal management district is the area where DERM has a development assessment role. This also has a landward boundary fixed to property boundaries and shows. While both areas have statutory effect, they are administrative areas only.
Aquaculture and maritime development areas have fixed property boundaries and the relevant policies of the plan apply in these areas.
However, maps depicting coastal hazard areas and areas of ecological significance are indicative. If local or site-level assessment demonstrates that the hazard or ecological values are not present, the relevant requirements of the coastal plan do not apply.
21. Does the Queensland Coastal Plan conflict with regional plan policies prepared under the SPA and how would these conflicts be resolved?
Regional plans include policies directed at managing development in areas vulnerable to natural hazards. These include coastal hazards such as areas at risk from storm tide inundation. They have also included policies about nature conservation, scenic amenity and settlement patterns that are addressed by the Queensland Coastal Plan. The policies of the Queensland Coastal Plan are broadly consistent with those of existing regional plans. However, some of the specific policy statements do differ.
For some policy issues, the Queensland Coastal Plan will provide necessary detail to inform the application of the regional plan policies. It will also inform the preparation of new regional plans.
However, as per the provisions of the SPA, the regional plan policies prevail over the policies of the Queensland Coastal Plan to the extent that there is any inconsistency.
22. Can development be approved if it does not meet the policy outcome of the SPP?
In certain circumstances, it may be acceptable for development to not fully achieve the overall policy outcome of the SPP. These include, for example, where development:
- provides an overriding need in the public interest in accordance with the factors outlined in the SPP
- is a development commitment (as defined by the SPP)
- is for a public benefit asset (as defined by the SPP), such as essential electrical infrastructure, and emergency services facilities.
In those acceptable circumstances, the SPP will still apply and development will be required to achieve the relevant outcomes to the maximum extent practicable where this would not significantly change the nature, intensity or scale of the development.
Additionally, the SPP provides minimum requirements addressing public safety and conservation of coastal resources that must be met regardless of whether a development meets one of the acceptable circumstances for not fully achieving the policy outcome.
23. How does the Queensland Coastal Plan address artificial waterways?
The Queensland Coastal Plan restricts the development of new canals and artificial waterway residential estates to aquaculture development areas, maritime development areas and ports where development is predominately to facilitate the provision of coastal-dependent infrastructure.
Coastal land management—maintenance, rehabilitation and conservation activities
24. How will the use of coastal resources and recreation facilities be managed?
Unmanaged access to, and use of, the coast and its resources can cause significant damage to coastal environments, landforms and processes, and compromise public safety. The Queensland Coastal Plan encourages coastal land managers to use statutory mechanisms and other tools to manage activities that are likely to impact on coastal resources and their values.
These may include, for example, by imposing the regulation of permits for beach driving and restricting vehicle access to ecologically sensitive areas and areas where there is high pedestrian traffic.
Access and recreational opportunities
25. How does the Queensland Coastal Plan preserve Queenslanders’ access to the coast?
The public expects to be able to access the coast and foreshore areas in a safe manner from both land and water. The Queensland Coastal Plan provides that development in the coastal zone should maintain public access to the foreshore and, where possible, provide enhanced opportunities for public access points. Where loss of public access cannot be avoided, a development should demonstrate that the same or a greater number of new access opportunities will be established on, or in close proximity to, the development site.
26. How does the State Policy for Coastal Management affect vehicle access?
In most instances, vehicle access to and along foreshore areas is regulated by local governments under the Local Government Act 1993. Additionally, councils are often appointed as the legal trustee of State coastal reserves.
DERM has jurisdiction to regulate the use of vehicles on beaches that are within protected areas under the Nature Conservation Act 1992, in marine parks under the Marine Parks Act 2004 and in declared recreation areas under the Recreation Areas Management Act 2006.
Once specific regulations or laws are in place to govern vehicle access, the Transport Operations (Road Use Management) Act 1995 can be administered on these beaches by the authority that regulates access (i.e. DERM, if within a protected area; or local government in all other instances).
The Queensland Coastal Plan’s coastal management policy provides policy and guidance to councils and other land managers on what activities are appropriate in sensitive coastal environments. Based on this information, future local laws, enforcement activities and access restriction structures may be implemented by state and local government to manage vehicle access.
27. How does the SPP address private pontoons and jetties outside maritime development areas?
Applications for private pontoons or jetties may be approved in natural tidal waterways if applicants demonstrate that adverse effects on coastal resources will be avoided. Demonstrated measures include protecting ecological values and coastal landforms, and maintaining scenic amenity values and public access to the coast.
Private marine access structures outside maritime development areas will generally not be approved if they require the construction of coastal protection works, such as a revetment wall, or are likely to require such works in the future. There are also requirements relating to the size of the structure, the number of structures per allotment and the placement of structures on or over State land above mean high water spring tide.
28. Does the Queensland Coastal Plan still allow me to have boat access to the coast from my private property?
The Queensland Coastal Plan includes a range of provisions to protect coastal landforms and physical coastal processes, biodiversity and scenic amenity while recognising the common law right of access to private properties from tidal waters.
29. How does the Queensland Coastal Plan affect fishing?
The Queensland Coastal Plan does not regulate recreational or commercial fishing. The Department of Employment, Economic Development and Innovation (DEEDI), through Queensland Fisheries (under the Queensland Fisheries Act 1994), regulates recreational and commercial fishing.
Mapping
30. How are the maps used for planning purposes within the Queensland Coastal Plan?
The maps indicate where particular policies of the Queensland Coastal Plan apply. This provides for easier application of the coastal plan including easier incorporation of the plan into statutory and non-statutory planning documents. Such documents may include statutory regional plans and local government planning instruments prepared under the SPA, or non-statutory corporate plans, coastal reserve management plans or natural resource management plans.
31. How can the maps be accessed?
Property-scale maps of all coastal plan mapping layers and map sheets for coastal hazard areas are available via the Coastal Zone page on the DERM website.
The digital layers may also be obtained via an email request to Coastal Support.
32. Does the Queensland Coastal Plan allow for amendments to the maps?
Maps showing the coastal zone, coastal management district, maritime and aquaculture development areas and plans of the erosion prone areas cannot be amended except through an amendment to the plan and/or regulation.
Areas of ecological significance maps
These maps are based on bio-physical data collected at a scale that provides a high level of reliability at a scale of approximately 1:25,000. However, as with all bio-physical mapping, care needs to be taken when interpreting the data at a large scale, such as at the property level.
As a consequence, the coastal plan provides that the policies requiring protection of areas of ecological significance do not apply if a field assessment demonstrates the mapping is incorrect and the development, in fact, will not impact on any relevant area of ecological significance. However, the mapping will only be modified when the maps are routinely updated to reflect changes in the base data.
To minimise associated costs with such an assessment, only basic site assessments will be required to demonstrate values are not present where those values are readily identifiable. In these cases, development may be approved without reference to a map amendment process.
The Department of Environment and Resource Management can provide information about what values triggered inclusion as an area of ecological significance and this may assist in directing property-level checks.
Amendments to coastal hazard maps
It is important to note that coastal hazard area mapping is an indicative representation only. Should you believe the mapping to be incorrect, you may provide relevant information with a development application to demonstrate the site is not at risk of coastal hazard impacts such as coastal erosion or storm tide inundation. For more information on the determination of storm tide areas, refer to Annex 3 of the SPP.
Conserving ecological values
33. How does the State Policy for Coastal Management contribute to limiting impacts on ecological values?
The State Policy for Coastal Management guides respective management authorities in developing and implementing mechanisms that will effectively manage threats to coastal habitats, particularly in locations where important native stabilisation vegetation may be impacted.
34. How does the SPP protect coastal habitat and biodiversity?
The Queensland Coastal Plan aims to conserve coastal biodiversity by identifying significant areas requiring protection and management.
The coastal plan uses the concept of ‘areas of ecological significance’ (AES) to spatially identify biodiversity values in the coastal zone. This methodology generates a map showing two categories of significance: areas of high ecological significance (HES) and areas of general ecological significance (GES).
The coastal plan seeks to retain the ecological values of areas of HES, while minimising the impacts of development on areas of GES and other ecological values that cannot be mapped, such as the habitat of highly mobile species and roosting and nesting sites.
Due to the lack of marine ecosystem spatial information and data, marine ecological values have not been included within the AES mapping.
To protect marine ecological values from adverse impacts associated with coastal development, the coastal plan identifies and applies provisions to complement existing requirements for marine parks under the Marine Parks Act 2004, fish habitat under the Fisheries Act 1994, and dugong protection areas under the Fisheries Act and Nature Conservation Act 1992.
A development activity that may occur in a fish habitat area under the Fisheries Act or in a marine park zone under the Marine Parks Act, or within a dugong protection area without any further authority being granted under the relevant stated Act, is deemed to satisfy the relevant nature conservation provisions of the Queensland Coastal Plan.
More information on these provisions can be found on the DERM website for marine park information and the DEEDI website for fish habitat and dugong protection area information.
Specific requirements to protect the habitat of threatened species have also been included.
35. What are areas of HES?
Identifying and mapping areas of the Queensland coast that are considered to have high ecological value supports the nature conservation policies of the Queensland Coastal Plan.
Mapped areas of high ecological significance include the protected area estate; endangered and of concern regional ecosystems; essential habitat for threatened species; and significant wetlands.
36. What is included as an area of HES?
The values and features comprising an area of high ecological significance include:
- protected areas under the Nature Conservation Act 1992 excluding nature refuges, coordinated conservation areas, State forests and timber reserves
- remnant and non-remnant vegetation in World Heritage areas
- wetlands of high conservation value
- habitat for threatened species and Back on Track species threatened by development (as identified by DERM)
- endangered and of concern regional ecosystems under the Vegetation Management Act 1999
- high value regrowth vegetation under the Vegetation Management Act 1999, outside urban areas
- nationally threatened ecological communities under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)
- poorly conserved remnant regional ecosystems in subregions with < 30 per cent remnant vegetation remaining (i.e. regional ecosystems with < 4 per cent of total pre-clearing extent in conservation reserves)
- remnant regional ecosystems that are rare or depleted in subregions (i.e. regional ecosystems < 300 ha or < 10 per cent of the pre-clearing extent remaining)
- large tracts of remnant vegetation in fragmented subregions
- special biodiversity areas identified through Biodiversity Assessment and Mapping Methodology Criterion I
- remnant vegetation along riparian corridors and watercourses.
37. What process was used to prepare the maps?
DERM used areas of ecological significance (AES) mapping to prepare the Queensland Coastal Plan. The AES maps were generated using information from a range of biodiversity mapping assessments and from spatial information associated with areas of significance specified under biodiversity conservation or natural resource management legislation administered by the Queensland and Australian Governments. Further information about the data layers used to generate the AES maps, and the uses and limitations of this mapping can be found in the methodology (PDF, 514K)*.
The AES Mapping Methodology provides a step-by-step process for mapping DERM’s biodiversity interests. The methodology is available from the DERM website.
38. I think the maps indicating areas of HES for my property are wrong. How can I get them fixed?
The HES mapping is based on remote sensed data supported by field verification where required. It is a mapping layer used to trigger assessment of ecological values at the local scale. Where a local assessment determines the values are not present, the policy requirements do not apply. The HES mapping product is periodically reviewed as updated data is obtained.
As mapping information is derived from component data layers, verification of the maps’ accuracy is best achieved via the development assessment process.
39. Can I use a property map of assessable vegetation (PMAV) to get areas of high ecological significance changed?
Mapped areas of HES are derived from component data layers Where an ecological assessment demonstrates that attributed values are not present, the coastal plan policy requirements for HES do not apply. A PMAV can serve to demonstrate the presence or absence of remnant vegetation for an area for a development assessment process. A PMAV may also be used to demonstrate the absence of other attributes.
40. What are areas of GES?
Areas of GES are predominantly areas of remnant vegetation not designated as areas of high ecological significance and include:
- natural wetlands areas
- terrestrial area—remnant and regrowth vegetation.
The policy for addressing GES values requires development to minimise adverse impacts on these values.
41. Are there circumstances where impacts on areas of HES are allowable?
For specified development activities, it is acknowledged impacts cannot always be avoided. In these cases, development must minimise and offset any residual impacts.
For example, development may occur in and/or have an impact on an area of HES if the development is for one of the following purposes:
- urban purposes within an urban locality
- development associated with a port or airport
- maritime infrastructure and associated development within a maritime development area
- aquaculture development within an aquaculture development area
- low impact tidal water intake or discharge infrastructure for aquaculture development on land
- minor public marine development and associated pedestrian and vehicle access facilities
- extraction purposes within a key resource area (refer SPP 2/07 on the Department of Local Government and Planning website,
Other circumstances where development may be approved despite its impact on areas of high ecological significance include where development:
- provides an overriding need in the public interest in accordance with the factors outlined in the State Planning Policy 3/11: Coastal Protection (SPP)
- is a development commitment as defined by the SPP
- is for a public benefit asset (as defined by the SPP), such as essential electrical infrastructure.
However, in most cases referred to above, impacts are to be minimised and any residual impacts offset. The Queensland Government Biodiversity Offsets Policy 2011 guides decision making by Queensland agencies in regard to offset requirements. This policy is available on the DERM website.
42. What is meant by 'minimise adverse impacts'?
For certain development activities, it is acknowledged that it may not be practically possible to avoid adverse impacts on areas of HES. Where this has been demonstrated, development is to be managed to minimise impacts and any residual impacts are to be offset. The policy also states that development is to minimise adverse impacts on areas of GES and other ecological values.
The development assessment code of the Queensland Coastal Plan (State Planning Policy 3/11: Coastal Protection—Annex 2) provides guidance notes on the specific outcome whereby construction and operation of the development avoids adverse impacts on the area of HES by:
- retaining vegetation in situ to the extent possible to stabilise the land and prevent soil erosion and water quality impacts off the development site
- sequencing any vegetation clearing towards undisturbed areas, to allow for the unimpeded and safe dispersal of fauna from areas being cleared
- rehabilitating undeveloped areas of the site immediately following practical completion of the development
- rehabilitating and landscaping with predominantly locally endemic native species
- ensuring alterations to natural landforms, hydrology and drainage patterns on the development site do not significantly affect other parts of the area of HES
- implementing effective measures to anticipate and prevent disturbance or predation of native fauna from domestic and pest fauna species
- implementing effective measures to anticipate and prevent the incursion or spread of weeds and pest plants in the area of HES
- retaining or enhancing wildlife corridor values through the area of HES.
Proposed development may also be required to be designed or located in a manner that reduces any overlap between the development footprint and the ecological values.
43. What are environmental offsets?
An environmental offset is an action taken to counter-balance any unavoidable negative environmental impacts that might result from an activity or a development. An offset can be located within or outside the geographic site of the activity or development.
Environmental offsets should only be considered after all environmental impacts have first been avoided and minimised. As an example, vegetation loss may be offset by ongoing management actions near the impact site to increase the quality and extent of retained vegetation.
The Queensland Government Biodiversity Offsets Policy 2011 is available from the DERM website. This establishes policy principles, processes and metrics for determining the nature and extent of offsets that will be required.
44. How are areas of HES different from vegetation protected under the Vegetation Management Act?
Mapping of HES is based on the regional ecosystem vegetation mapping layers regulated under the Vegetation Management Act 1999 (VMA); however, it also incorporates a number of other important elements not protected under the VMA. For example, the VMA only protects ‘woody’ terrestrial vegetation, so grasslands and estuarine vegetation communities are not managed under this regime.
45. How is HES (under the Queensland Coastal Plan) different from HES protected in regional plans under the Sustainable Planning Act?
The methodology used to identify areas of ecological significance for application under the Queensland Coastal Plan is the same methodology and mapping product used for identifying biodiversity values in regional plans prepared under the SPA. However, some of the policy requirements may differ.
As per the provisions of the SPA, for those regions with approved SPA regional plans, the regional plan policies prevail over the policies of the Queensland Coastal Plan to the extent of any inconsistency.
Maritime development
46. What is maritime development?
The SPP defines maritime development as maritime infrastructure that is related to navigation, shipping and boating. This includes State boat harbours, marine transport and industry precincts, marinas, docks and wharves, which may include parts of navigational channels, and industries reliant on access to the sea.
47. What are maritime development areas?
The SPP provides a planning framework for specifying areas of Queensland coastal waters and/or land that are most suitable for major maritime development, and protecting these areas from other types of development that are not dependent upon a location adjacent to tidal waters.
A maritime development area is an area:
- where major maritime infrastructure has already been legally established within the lot, including access facilities to the lot (e.g. existing dredged channels and roads)
- where a property or area is currently zoned by a planning scheme or other planning instrument for maritime development but where development has not yet been established. For example, precincts zoned for maritime activities and developed areas within State boat harbours
- where a property or area is the subject of a recognised approval, approved tenure for maritime infrastructure under the Land Act 1994 (not including permits for investigation purposes), but is yet to be constructed or completed as maritime development and related activities
- endorsed by the Coordinator-General to prepare an environmental impact statement under the State Development and Public Works Organisation Act 1971.
Maritime development areas are not designated over ports or minor maritime infrastructure, such as individual boat ramps, as separate policies under the Queensland Coastal Plan apply to this type of development.
New maritime development areas will be identified using the methodology entitled Planning Maritime Development Areas in Queensland (A Methodology for Designating Areas for Maritime Development).
48. What is the purpose of maritime development areas?
Proactively designating appropriate areas for this kind of development serves two purposes. It gives proponents, government and the community greater certainty about potential locations for maritime development. It may also provide opportunities for streamlining development assessment processes for maritime development at these sites in the future.
49. Are maritime development areas mapped?
Maritime development areas are shown on the maps of the coastal zone that support the Queensland Coastal Plan. Maritime development areas correlate to the maps of the coastal zone via reference numbers. Additional zoning and regulatory information for each of the maritime development areas is available at the DERM website.
50. Does maritime development include private pontoons and jetties?
No. Pontoons or jetties providing access to private land abutting a natural tidal waterway constitute minor maritime development. The SPP includes specific provisions about this type of development where it is proposed to occur outside a maritime development area.
Other private structures over tidal waters, such as roofed decks that do not provide access and are outside maritime development areas, are generally not supported under the SPP.
51. Will there be more maritime development areas in the future?
The SPP establishes a framework for managing development within identified maritime development areas.
A statewide methodology for identifying new maritime development entitled Planning Maritime Development Areas in Queensland has been prepared. This methodology will be used to identify the most appropriate future location of additional maritime development areas based on environmental constraints and commercial viability. Each future maritime development area will be subject to a separate public consultation process and will require an amendment to the Queensland Coastal Plan to be incorporated into the plan.
52. How do maritime development areas relate to areas of HES?
For historical reasons, some identified maritime development areas do coincide with areas of HES. The SPP provides that where significant adverse effects on areas of high ecological significance cannot be avoided within a maritime development area, those effects are minimised and any remaining impacts offset according to the Queensland Government Biodiversity Offsets Policy 2011.
53. How does the maritime development policy apply to tidal works?
Current application, assessment and approval requirements for tidal works, including prescribed tidal works, remain in place. Tidal works within a local government tidal area (generally referred to as prescribed tidal works) are subject to the SPP, in addition to requirements and assessment criteria outlined in the existing prescribed tidal works code.
Further information about prescribed tidal works can be found at the DERM website.
Climate change
54. How does climate change affect coastal planning and management?
It is important to plan for climate change and sea-level rise. Considerations include:
- extreme coastal inundation and erosion events will increase in severity. Present day one in 100 probability and more severe inundation events could become more frequent, leaving intolerable clean-up and asset maintenance costs
- minor or moderate flooding events could occur many more times a year than at present due to a higher base sea level, causing significant nuisance or damage
- risk avoidance of coastal hazards will likely be easier and less costly to the community than having to retreat, manage or defend against impacts later
- the defending of development against rising sea levels using beach nourishment, sea walls or other structures is likely to be problematic and may not always be practical
- the defending of coastal properties using sea walls and other protection strategies carries economic, social and environmental costs. These costs include the loss of foreshore ecosystems, sandy beaches and associated recreational and scenic values
- the possible failure of defence structures, with potentially very significant consequences for affected properties
- the further exacerbation of the local impacts of sea-level rise when storms and cyclones cause tidal inundation. These events can be very destructive and cause considerable damage to homes and coastal infrastructure including ports and harbours, airports, and storm water and sewerage infrastructure.
55. What are the likely impacts of climate change on Queensland’s coastline?
Studies project that the impacts of climate change on Queensland’s coastal zone will include increased storm-tide inundation, sea-level rise and coastal erosion, which will change coastal landforms and habitats.
Rising sea levels will increase the severity of what are currently extreme events, for example, storm-related coastal erosion events. The extent of land affected by storm tide inundation, coastal erosion or permanent inundation is also likely to increase as a result of higher sea levels.
The Queensland Coastal Plan includes specific provisions about sea-level rise to ensure coastal protection and future development decisions are based on contemporary climate change science.
56. What is causing sea-level rise?
Human activity is having an effect on the rate of change in the relative concentration of gases within the earth’s atmosphere (Garnaut 2008). These changes affect the climate and are currently resulting in the global climate warming. Current sea-level rise is due to thermal expansion (water expanding as it warms) and the melting of land-based ice sheets and glaciers (IPCC 2007b). Thermal expansion contributes up to 75 per cent of sea-level rise with the balance coming from land-based ice sheet and glacier melt. Accelerated land ice melt at Greenland and Antarctica, due to scaled up ice sheet discharge, could add up to a further 20 cm to sea-level rise. (IPCC 2007b). At a regional scale, sea-level rise also depends on land movement, ocean currents and climatic conditions (IPCC 2007a, Bureau of Meteorology 2007). Further information can be found at the Intergovernmental Panel on Climate Change's (IPCC) website.
57. What climate change factors are used in the Queensland Coastal Plan?
The Queensland Coastal Plan has adopted an updated sea-level rise figure and planning period of 0.8 metres by the year 2100. This figure is based on the upper limit of the most recent projections released by the IPCC in 2007 in their Fourth Assessment Report.
The updated sea-level rise figure is used to help determine coastal hazard areas. Defined coastal hazard areas guide land-use planning and development decisions to reduce the risk to people and property.
The climate change risk assessment factors proposed by the Department of Environment and Resource Management in accordance with the latest scientific knowledge, are:
- a long-term planning horizon to the year 2100
- a projected sea-level rise of 0.8 metres by the year 2100 due to climate change (relative to 1990 value)
- a one in 100 probability storm event
- an increase in cyclone intensity by 10 per cent (relative to maximum potential intensity) due to climate change.
These will be applied in coastal hazard risk assessments for the Queensland Coastal Plan.
58. How are the climate change factors different to those used in the past?
Previously, the Department of Environment and Resource Management used a sea-level rise figure of 0.3 metres by the year 2050 to implement the provisions of the former State Coastal Management Plan that commenced in 2002. This figure was derived from the First Assessment Report of the IPCC published in 1990.
The Queensland Coastal Plan uses the current sea-level rise figure of 0.8 metres by the year 2100. This has been revised in response to new information contained in the IPCC Fourth Assessment Report released in 2007.
59. Why has a planning period to the year of 2100 been proposed?
A planning horizon of 2100 has been established for the coastal hazard policies to address the long-term nature of development rights in Queensland. The IPCC Fourth Assessment Report (2007) provides sea-level rise projections up to 2100 based on a range of emissions scenarios.
The SPP provides that the climate change factors of a 0.8 metre sea-level rise by 2100 and 10 per cent increase in the maximum cyclone intensity will be reviewed when either:
- a new assessment report by the IPCC is released; or
- an Australia-wide agreed policy is developed.
The IPCC is expected to release its fifth assessment report, including revised sea-level rise trends, in 2014.
60. Will the proposed sea-level rise be subject to review?
Yes. The projected sea-level rise figure will be reviewed in the future. This would occur in response to the release of the fifth assessment report from the IPCC that is due in 2014. A review would also be triggered if the federal and state governments of Australia reached an agreement about a single figure for planning purposes.
61. What is the IPCC?
The IPCC is an international body that assesses and summarises the latest scientific literature from across the world regarding human-induced climate change. It is the most credible source of global consensus scientific advice on sea-level rise projections. The IPCC reports on a regular basis summarising the most reliable data about climate change for policy makers. Further information can be found at the IPCC website.
62. Will sea-level rise projections affect my development?
Based on the Intergovernmental Panel on Climate Change Fourth Assessment Report (2007), a sea-level rise figure of 0.8 metres by the year 2100 has been used to determine the extent of areas vulnerable to coastal hazard impacts, for example, the erosion prone area and storm tide inundation area.
The SPP does not apply to existing land uses or households. It only applies where new development is being proposed or a planning instrument is being prepared. Also, the policy does not apply to development that is building work assessable only against the Building Act 1975 (unless the development is proposed seaward of a coastal building line). This essentially exempts the vast majority of new single residential dwellings from being affected by the policy requirements.
The SPP generally requires that permanent development does not occur in erosion prone areas within a coastal management district that are not otherwise protected by existing defence structures. Redevelopment in high coastal hazard areas in an urban locality will generally be allowed provided the hazard is mitigated to the extent required by the SPP. However, after five years from the SPP commencing, redevelopment that intensifies use in a high hazard area may only occur if it is consistent with a long-term adaptation strategy prepared by the local council, which demonstrates how the hazards to the community will be mitigated.
For specific information, refer to the SPP and the State Planning Policy 3/11 Guideline: Coastal Protection.
63. What will happen in existing built-up areas or urban localities that will be affected by sea-level rise in the future?
Ensuring existing communities adapt to the threat of permanent sea-level rise is a significant long-term issue for all levels of government. Many communities are already vulnerable to coastal hazard impacts, such as coastal erosion and storm tide inundation. In some places, major works have been undertaken to protect coastal properties and maintain beaches.
Coastal hazard mapping shows low-lying areas in cities and towns (urban localities) that are expected to be significantly affected by coastal hazards either now or in the future, including permanent inundation due to sea-level rise. The increasing coastal hazard risk will happen over a long time and significant changes are not projected to be experienced until 2030 to 2050 for most coastal communities. However, it is important that long-term adaptation planning is commenced in the near-term. This is necessary as present day decisions about development will have long-term implications; and to prepare for the social and financial impacts of implementing adaptation strategies.
Councils are required to prepare local area coastal hazard adaptation strategies for urban localities that the hazard maps show as being in a present or future high hazard area. The policy will require councils to prepare adaptation strategies for these areas and incorporate them into their planning schemes within five years of the SPP commencing. During this period, the hazard risk may be addressed on a development by development basis (where development is proposing an intensification of use). After this five-year period, development that proposes to intensify use will have to be consistent with the adaptation strategy. This will not affect the replacement of existing dwellings, but will ensure adaptation strategies are agreed before, for example, a single house is redeveloped into multi-unit apartments.
Adaptation strategy guidelines have been prepared to assist councils in addressing risks being faced by communities over the long term. Additionally, a pilot adaptation strategy for Townsville’s urban localities is being prepared during 2012.
References
- Bureau of Meteorology 2007, The Australian baseline sea-level monitoring project: Annual sea level data summary report 2006–2007, Commonwealth of Australia, Adelaide.
- Garnaut, R 2008, The Garnaut climate change review, Cambridge University Press, Melbourne.
- IPCCa 2007, Climate Change 2007: Synthesis Report. Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Core Writing Team, Pachauri, R.K and Reisinger, A.(eds.), IPCC, Geneva, Switzerland, 104 pp.
- IPCCb 2007, Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA, pp. 996
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Last updated 31 January 2012
